Office of Public Sector Information
PART 2 continued CHAPTER 1 continued
(1) The relevant person must send to the Secretary of State—
(a) a copy of every notification published under section 48(1) or (2);
(b) a copy of every notification published under section 49(4);
(c) a copy of every direction, approval or consent given for the purpose of giving effect to a proposal required to be published under section 49(4); and
(d) a copy of every instrument modifying or withdrawing a direction, approval or consent for the purpose of giving effect to such a proposal.
(2) The relevant person must send to the European Commission—
(a) a copy of every notification published under section 48(1) with respect to an SMP services condition;
(b) a copy of every direction, approval or consent given for the purposes of such a condition; and
(c) a copy of every instrument modifying or withdrawing such a direction, approval or consent.
(3) OFCOM must send to the European Commission and to the regulatory authorities of every other member State a copy of every notification published by them under section 48(2) with respect to a proposal which—
(a) relates to the setting, modification or revocation of an access-related condition falling within section 73(2) or (4) or of an SMP services condition; and
(b) is a proposal which, in OFCOM’s opinion, would affect trade between member States.
(4) OFCOM must send to the European Commission and to the regulatory authorities of every other member State a copy of every notification published by them under section 49(4) with respect to a proposal which—
(a) relates to the giving of a direction, approval or consent for the purposes of—
(i) an access-related condition falling within section 73(2) or (4), or
(ii) an SMP services condition,
or to the modification or withdrawal of such a direction, approval or consent; and
(b) is a proposal which, in OFCOM’s opinion, would affect trade between member States.
(5) Where it is a person other than OFCOM who is the relevant person who is required to publish a notification under section 49(4) relating to the giving, modification or withdrawal of a direction, approval or consent given for purposes mentioned in subsection (4)(a) of this section—
(a) that person must refer to OFCOM the question whether, in their opinion, the proposal would affect trade between member States;
(b) OFCOM must immediately determine that question on that reference; and
(c) the relevant person must send a copy of the notification to the European Commission and to the regulatory authorities of every other member State if OFCOM determine that the proposal is one which, in their opinion, would affect trade between member States.
(6) The relevant person must, in every other case in which it appears to him appropriate to do so, send a copy of—
(a) every notification published under section 48(1) or (2) or 49(4),
(b) every direction, approval or consent given for the purposes of a condition set under section 45, and
(c) every instrument modifying or withdrawing such a direction, approval or consent,
to the European Commission and to such of the regulatory authorities of the other member States as the relevant person thinks fit.
(7) Subsection (6) does not apply where—
(a) the notification or the notified proposal relates to an SMP apparatus condition, or to a direction, approval or consent for the purposes of such a condition; or
(b) the direction, approval or consent given, modified or withdrawn is for the purposes of such a condition.
(8) In this section “the relevant person”, in relation to a notification, direction, approval or consent—
(a) except in a case falling within paragraph (b), means the person by whom it is published or (as the case may be) the person by whom it has been or is to be given, modified or withdrawn; and
(b) in the case of a direction, approval or consent given, modified or withdrawn by a person other than OFCOM for the purpose of giving effect to a proposal published by OFCOM under section 49(4), means OFCOM.
(1) Subject to sections 52 to 64, the only conditions that may be set under section 45 as general conditions are conditions falling within one or more of the following paragraphs—
(a) conditions making such provision as OFCOM consider appropriate for protecting the interests of the end-users of public electronic communications services;
(b) conditions making such provision as OFCOM consider appropriate for securing service interoperability and for securing, or otherwise relating to, network access;
(c) conditions making such provision as OFCOM consider appropriate for securing the proper and effective functioning of public electronic communications networks;
(d) conditions for giving effect to determinations or regulations made under section 71;
(e) conditions requiring or regulating the provision, availability and use, in the event of a disaster, of electronic communications networks, electronic communications services and associated facilities;
(f) conditions making such provision as OFCOM consider appropriate for securing the protection of public health by the prevention or avoidance of the exposure of individuals to electro-magnetic fields created in connection with the operation of electronic communications networks;
(g) conditions requiring compliance with relevant international standards.
(2) The power under subsection (1)(a) to set conditions for protecting the interests of the end-users of public electronic communications services includes power to set conditions for that purpose which—
(a) relate to the supply, provision or making available of goods, services or facilities in association with the provision of public electronic communications services; and
(b) give effect to Community obligations to provide protection for such end-users in relation to the supply, provision or making available of those goods, services or facilities.
(3) The power to set general conditions in relation to a description of electronic communications network or electronic communications service does not include power—
(a) to set conditions that are made applicable according to the identity of the provider of a network or service; or
(b) to set conditions that differ according to the identity of the provider of the networks or services to which they relate.
(4) The power to set general conditions falling within subsection (1)(b) does not include power to set conditions containing provision which under—
(a) section 73, or
(b) any of sections 87 to 92,
must be or may be included, in a case in which it appears to OFCOM to be appropriate to do so, in an access-related condition or SMP condition.
(5) The conditions falling within subsection (1)(c) include conditions making such provision as OFCOM consider appropriate for the purpose, in accordance with Community obligations, of preventing or restricting electro-magnetic interference—
(a) with the provision of an electronic communications network or electronic communications service; or
(b) with, or with the receipt of, anything conveyed or provided by means of such a network or service.
(6) In this section “electro-magnetic interference” means interference by means of the emission or reflection of electro-magnetic energy in the course of, or in connection with, the provision any electronic communications network or electronic communications service.
(7) In this section “disaster” includes any major incident having a significant effect on the general public; and for this purpose a major incident includes any incident of contamination involving radioactive substances or other toxic materials.
(1) It shall be the duty of OFCOM to set such general conditions (if any) as they consider appropriate for securing that—
(a) public communications providers, or
(b) such descriptions of them as OFCOM consider appropriate,
establish and maintain procedures, standards and policies with respect to the matters mentioned in subsection (2).
(2) Those matters are—
(a) the handling of complaints made to public communications providers by any of their domestic and small business customers;
(b) the resolution of disputes between such providers and any of their domestic and small business customers;
(c) the provision of remedies and redress in respect of matters that form the subject-matter of such complaints or disputes;
(d) the information about service standards and about the rights of domestic and small business customers that is to be made available to those customers by public communications providers;
(e) any other matter appearing to OFCOM to be necessary for securing effective protection for the domestic and small business customers of such providers.
(3) It shall be the duty of OFCOM, in setting conditions in accordance with subsection (1), to secure so far as they consider appropriate—
(a) that the procedures established and maintained for the handling of complaints and the resolution of disputes are easy to use, transparent and effective;
(b) that domestic and small business customers have the right to use those procedures free of charge; and
(c) that where public communications providers are in contravention of conditions set in accordance with the preceding provisions of this section, the providers follow such procedures as may be required by the general conditions.
(4) Subject to section 55, OFCOM’s duties under subsections (1) and (3) so far as relating to procedures for the handling of complaints are to be performed, to such extent as they consider appropriate, by the setting of general conditions requiring public communications providers to establish and maintain procedures that conform with a code of practice which is—
(a) applicable to the providers to whom the conditions apply; and
(b) for the time being approved by OFCOM for the purposes of this subsection.
(5) Subject to section 55, OFCOM’s duties under subsections (1) and (3) so far as relating to procedures for resolving disputes are to be performed, to such extent as they consider appropriate, by the setting of general conditions requiring public communications providers—
(a) to establish and maintain procedures for resolving disputes; and
(b) to secure that those procedures are, and continue to be, approved by OFCOM.
(6) In this section “domestic and small business customer”, in relation to a public communications provider, means a customer of that provider who is neither—
(a) himself a communications provider; nor
(b) a person who is such a customer in respect of an undertaking carried on by him for which more than ten individuals work (whether as employees or volunteers or otherwise).
(1) Where a code of practice is submitted to OFCOM for approval, they shall approve that code if and only if, in their opinion, it makes all such provision as they consider necessary in relation to the matters dealt with in the code for the protection of the domestic and small business customers of the public communications providers to whom the code applies.
(2) It shall be the duty of OFCOM to keep under review the codes of practice for the time being approved by them.
(3) OFCOM may at any time, by a notification given or published in such manner as they consider appropriate—
(a) approve modifications that have been made to an approved code;
(b) withdraw their approval from a code; or
(c) give notice that the withdrawal of their approval will take effect from such time as may be specified in the notification unless such modifications of the code as are specified in the notification are made before that time.
(4) In considering—
(a) whether to approve a code of practice, or
(b) whether or in what manner to exercise their powers under subsections (2) and (3) of this section,
OFCOM must have regard to the matters mentioned in subsection (5).
(5) Those matters are—
(a) the need to secure that customers are able readily to comprehend the procedures that are provided for by an approved code of practice;
(b) the need to secure that there is consistency between the different codes for the time being approved by OFCOM; and
(c) the need to secure that the number of different codes so approved is kept to a minimum.
(6) In this section—
“approval” means approval for the purposes of section 52(4) and “approve” and “approved” are to be construed accordingly; and
“domestic and small business customer” has the same meaning as in section 52.
(1) Before giving their approval to any dispute procedures, OFCOM must consult the Secretary of State.
(2) OFCOM are not to approve dispute procedures unless they are satisfied that the arrangements under which the procedures have effect—
(a) are administered by person who is for practical purposes independent (so far as decisions in relation to disputes are concerned) of both OFCOM and the communications providers to whom the arrangements apply;
(b) give effect to procedures that are easy to use, transparent and effective;
(c) give, in the case of every communications provider to whom the arrangements apply, a right to each of his domestic and small business customers to use the procedures free of charge;
(d) ensure that all information necessary for giving effect to the procedures is obtained;
(e) ensure that disputes are effectively investigated;
(f) include provision conferring power to make awards of appropriate compensation; and
(g) are such as to enable awards of compensation to be properly enforced.
(3) OFCOM may approve dispute procedures subject to such conditions (including conditions as to the provision of information to OFCOM) as they may think fit.
(4) It shall be the duty of OFCOM to keep under review the dispute procedures for the time being approved by them.
(5) OFCOM may at any time, by a notification given or published in such manner as they consider appropriate—
(a) modify the conditions of their approval of any dispute procedures or withdraw such an approval; or
(b) give notice that the modification of those conditions, or the withdrawal of such an approval, will take effect from such time as may be specified in the notification unless the procedures (or the arrangements under which they have effect) are modified before that time in the manner required by the notification.
(6) In considering—
(a) whether to approve dispute procedures, or
(b) whether or in what manner to exercise their powers under subsections (3) to (5),
OFCOM must have regard to the matters mentioned in subsection (7).
(7) Those matters are—
(a) the need to secure that customers are able readily to comprehend dispute procedures;
(b) the need to secure that there is consistency between the different procedures for the time being approved by OFCOM; and
(c) the need to secure that the number of different sets of procedures so approved is kept to a minimum.
(8) In this section—
“approval” means approval for the purposes of subsection (5) of section 52 and “approve” and “approved” are to be construed accordingly;
“dispute procedures” means any such procedures as may fall to be approved for the purposes of that subsection; and
“domestic and small business customer” has the same meaning as in section 52.
(1) OFCOM may make an order under this section if, at any time, they consider in relation to any one or more public communications providers—
(a) that it is not practicable, or at least not appropriate, for OFCOM’s duties under subsections (1) and (3) of section 52 to be performed in a particular respect by the setting of general conditions; and
(b) that it is necessary to make the order for the purpose—
(i) of securing the necessary protection for the customers of that provider or of those providers; or
(ii) of securing compliance with a Community obligation.
(2) An order under this section may make such of the following provisions as OFCOM think fit—
(a) provision imposing requirements with respect to the complaints and disputes mentioned in section 52(2);
(b) provision for the enforcement of those requirements;
(c) provision making other arrangements for the purposes of those requirements.
(3) The power to make provision by an order under this section includes, in particular—
(a) power to establish a body corporate with the capacity to make its own rules and to establish its own procedures;
(b) power to determine the jurisdiction of a body established by such an order or, for the purposes of the order, of any other person;
(c) power to confer jurisdiction with respect to any matter on OFCOM themselves;
(d) power to provide for a person on whom jurisdiction is conferred by the arrangements to make awards of compensation, to direct the reimbursement of costs or expenses, or to do both;
(e) power to provide for such a person to enforce, or to participate in the enforcement of, any awards or directions made under such an order; and
(f) power to make such other provision as OFCOM think fit for the enforcement of such awards and directions.
(4) An order under this section may require such public communications providers as may be determined by or under the order to make payments to OFCOM in respect of expenditure incurred by OFCOM in connection with—
(a) the establishment and maintenance, in accordance with such an order, of a body corporate or of a procedure; or
(b) the making of any other arrangements for the purposes of the requirements of such an order.
(5) The consent of the Secretary of State is required for the making by OFCOM of an order under this section.
(6) Section 403 applies to the power of OFCOM to make an order under this section.
(7) A statutory instrument containing an order made by OFCOM under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) It shall be the duty of OFCOM to publish a document (to be known as “the National Telephone Numbering Plan”) setting out—
(a) the numbers that they have determined to be available for allocation by them as telephone numbers;
(b) such restrictions as they consider appropriate on the adoption of numbers available for allocation in accordance with the plan; and
(c) such restrictions as they consider appropriate on the other uses to which numbers available for allocation in accordance with the plan may be put.
(2) It shall be OFCOM’s duty—
(a) from time to time to review the National Telephone Numbering Plan; and
(b) to make any revision of that plan that they think fit in consequence of such a review;
but this duty must be performed in compliance with the requirements, so far as applicable, of section 60.
(3) OFCOM must also keep such day to day records as they consider appropriate of the telephone numbers allocated by them in accordance with the National Telephone Numbering Plan.
(4) The publication of the National Telephone Numbering Plan, or of a revision of it, must be in such manner as appears to OFCOM to be appropriate for bringing the contents of the Plan, or of the revised Plan, to the attention of such persons as OFCOM consider appropriate.
(5) In this Chapter references to a telephone number are (subject to subsection (7)) references to any number that is used (whether or not in connection with telephony) for any one or more of the following purposes—
(a) identifying the destination for, or recipient of, an electronic communication;
(b) identifying the origin, or sender, of an electronic communication;
(c) identifying the route for an electronic communication;
(d) identifying the source from which an electronic communication or electronic communications service may be obtained or accessed;
(e) selecting the service that is to be obtained or accessed, or required elements or characteristics of that service; or
(f) identifying the communications provider by means of whose network or service an electronic communication is to be transmitted, or treated as transmitted.
(6) In this Chapter references to the adoption of a telephone number by a communications provider are references to his doing any of the following in relation to a number allocated (whether or not to that provider) by OFCOM—
(a) allocating or transferring that number to a particular customer or piece of apparatus;
(b) using that number for identifying a service or route used by that provider or by any of his customers;
(c) using that number for identifying a communication as one to be transmitted by that provider;
(d) designating that number for use in selecting a service or the required elements or characteristics of a service;
(e) authorising the use of that number by others for any of the purposes mentioned in subsection (5).
(7) The Secretary of State may by order exclude such numbers as may be described in the order from the numbers that are to be treated as telephone numbers for the purposes of this Chapter.
(8) No order is to be made containing provision authorised by subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(9) References in this section to the allocation of a number are references to its allocation for the purposes of general conditions under section 58 or in accordance with conditions under section 59.
(10) In this section—
“electronic communication” means a communication for transmission by means of an electronic communications network; and
“number” includes data of any description.
(1) General conditions may impose such requirements as OFCOM consider appropriate for securing that every end-user of a public electronic communications service is able, by means of that service—
(a) to make calls or otherwise transmit electronic communications to every normal telephone number; and
(b) to receive every call or other electronic communication that is made or transmitted to him using such a service from apparatus identified by a normal telephone number.
(2) A normal telephone number is one which—
(a) has been made available, in accordance with the National Telephone Numbering Plan, as a number to be used for the purpose of identifying the destination for, or the recipient of, electronic communications; and
(b) is for the time being—
(i) a number adopted by a communications provider to be used for such a purpose; or
(ii) a number in use for such a purpose by a person other than a communications provider to whom it has been allocated in accordance with conditions under section 59.
(3) In this section “electronic communication” has the same meaning as in section 56.
(1) General conditions may include conditions which—
(a) prohibit the adoption of telephone numbers by a communications provider except in cases where the numbers have been allocated by OFCOM to a person;
(b) regulate the use by a communications provider, for the purpose of providing an electronic communications network or electronic communications service, of telephone numbers not allocated to that provider;
(c) impose restrictions on the adoption of telephone numbers by a communications provider, and on other practices by communications providers in relation to telephone numbers allocated to them;
(d) impose requirements on a communications provider in connection with the adoption by him of telephone numbers;
(e) require an allocation of particular telephone numbers to be transferred from one communications provider to another in the circumstances provided for in the conditions;
(f) impose such requirements and restrictions on a communications provider from whom an allocation is required to be transferred as may be provided for, in relation to the transfer, in the conditions;
(g) require payments of such amounts as may be determined by OFCOM to be made to them by a person in respect of the allocation to him of telephone numbers;
(h) require payments of such amounts as may be determined by OFCOM to be made to them by a person in respect of transfers of allocations from one person to another; and
(i) require communications providers to secure compliance with such rules relating to the use of telephone numbers by their customers as OFCOM may set out in general conditions or determine in accordance with provision made by the general conditions.
(2) General conditions may also—
(a) provide for the procedure to be followed on the making of applications to OFCOM for the allocation of telephone numbers;
(b) provide for the information that must accompany such applications and for the handling of such applications;
(c) provide a procedure for telephone numbers to be reserved pending the making and disposal of an application for their allocation;
(d) provide for the procedure to be followed on the making of applications for telephone numbers to be reserved, and for the handling of such applications;
(e) regulate the procedures to be followed, the system to be applied and the charges to be imposed for the purposes of, or in connection with, the adoption by a communications provider of telephone numbers allocated to that provider;
(f) regulate the procedures to be followed, the system to be applied and the charges to be imposed for the purposes of, or in connection with, the transfer of an allocation from one person to another.
(3) The conditions that may be set under subsection (1)(d) include conditions imposing requirements with respect to the provision of information for purposes connected with—
(a) the compilation of directories; and
(b) the provision of directory enquiry facilities.
(4) The procedure to be followed on the making of an application for the allocation of numbers that are available for allocation in accordance with the National Telephone Numbering Plan must require OFCOM’s determination of the application to be made—
(a) in the case of an application made in response to an invitation in accordance with subsection (5), before the end of six weeks after the day on which the application is received; and
(b) in any other case, before the end of three weeks after that day.
(5) Where OFCOM are proposing to allocate any telephone numbers, they may—
(a) invite persons to indicate the payments each would be willing to make to OFCOM if allocated the numbers; and
(b) make the allocation according to the amounts indicated.
(6) General conditions providing for payments to be made to OFCOM in respect of anything mentioned in subsection (1)(g) or (h)—
(a) must set out the principles according to which the amounts of the payments are to be determined;
(b) may provide for the payments to consist of a lump sum in respect of a particular allocation or transfer or of sums payable periodically while an allocation remains in force, or of both;
(c) may provide for the amounts to be determined by reference to—
(i) any indication according to which the allocation has been made as mentioned in subsection (5); or
(ii) any other factors (including the costs incurred by OFCOM in connection with the carrying out of their functions by virtue of section 56 and this section) as OFCOM think fit.
(7) General conditions may—
(a) make modifications from time to time of, or of the method of determining, the amounts of periodic payments falling to be made by virtue of conditions containing provision authorised by this section; and
(b) make different provision in relation to different descriptions of communications provider and different descriptions of telephone number.
(8) Nothing in subsection (7) authorises the modification, after it has been fixed, of the amount of a periodic payment fixed in accordance with arrangements made in relation to numbers allocated as mentioned in subsection (5)(b).
(9) Payments that are required to be made to OFCOM in respect of anything mentioned in subsection (1)(g) or (h)—
(a) must be paid to them as soon as they become due in accordance with the conditions imposing the obligation to pay; and
(b) if not so paid, are to be recoverable by them accordingly.
Communications Act 2003